Id. You can file this motion as soon as you receive an NTA or at a later point in your case. The judge will explain their reasons for issuing this order. The court reviews de novo claims of due process violations. Currently, such cases are decided only by immigration judges within the Justice Department's Executive Office for Immigration Review (EOIR). While youre waiting for adjudication from this court of appeals, DHS cant deport you. Written by Amelia Neimi. However, I submitted Motions to Terminate before two different Immigration Judges for these clients. OPLA has emphasized specifically, however, that there are no bright line rules in this process, and they are reviewing everything on a case-by-case basis. The Department of Homeland Security (DHS) announced a new initiative where it will affirmatively (on its own) move to dismiss certain cases currently in deportation/removal proceedings, so the person can, instead, apply for their green card with U.S. You can file this motion as soon as you receive an NTA or at a later point in your case. So, let's go ahead and terminate proceedings so that they can adjust their status with USCIS." And given the long and heavy court backlog that we find in immigration court, the judges these days are interested and willing to go ahead and terminate proceeding so that you can adjust your status. Youll need to take an oath swearing that you will tell the truth. First, it will list your name, date of birth, A-Number, and contact information. These grounds are where the respondent: (1) is a national of the U.S.; (2) is not deportable or inadmissible; (3) is deceased; (4) is not in the U.S.; (5) failed to file a timely petitionbut the failure was excused; (6) the NTA was improvidently issued; or (7) circumstances in the case have changed. Hello, i have a current removal proceedings order, but married to an american citizen with an approved application from my spouse requesting to change my status. DHS can also appeal the judges order within 30 days of it being issued. 1240.18-1240.19 [Reserved] Details. Once you finish testifying, you can present your witnesses to the court. While administrative closure was an alternative in the past, particularly in cases where the client was pursuing relief with USCIS, the AGs decision inMatter of Castro-Tumprohibits IJs from administratively closing cases in most situations. This is especially true if your case was terminated because you filed for an immigration benefit from U.S. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. You can remain in the country legally, at least for the time being. The decision laid out specific circumstances under which immigration judges can terminate deportation proceedings, including in cases where the government cannot prove its case for removal. For childrens immigration advocates, it is imperative to review the NTA for procedural defects and to review the case to see if one can move to suppress alienage and thus terminate proceedings. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). The judge will read DHS charges against you that were in the NTA. My lawyer sent the motion to terminate about 5 months ago, and she keeps saying shes checking with DHS with no answer. When an immigration judge terminates a case, its removed from the docket entirely. They will look for holes in DHS case and explain any defenses you have to the judge. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. Box 347377 You can present this information to the immigration judge during your individual hearing. Then, the DHS lawyer will ask you questions. Such a situation may be crossing the border without actually going through the immigration process. An initial hearing is sometimes called a master calendar hearing (MCH). This is called an affidavit of support. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. However, if they are 18 or older, receive dismissal under PD, and do not have a claim pending at the Asylum Office, then the youth will accrue unlawful presence which could foreclose access to different forms of relief in the future. An immigration attorney discusses what happens after your cancellation of removal request is either granted or denied. Questions and inquiries can be sent to national@cliniclegal.org. Then, a master calendar hearing is held, followed by an individual hearing. Copyright 2018. Then, youll be asked to take the stand. If an individual is a lawful permanent resident (LPR) and cancellation of removal is granted, the main consequence will be a reversion back to the same statu. Then, the DHS lawyer will ask you questions. To report a person you think may be in the U.S. illegally, use the Homeland Security Investigations online tip form. Your witnesses might talk about your good moral character as a way to support your stay in the country. Attorney General Decision Restores Ability of Immigration Judges to Terminate Removal. 1003.23(b)(1).11. Keep track of any mistakes in it, especially if youve been named in someone elses case. During these hearings, the judge will listen to evidence from both sides and decide whether someone may remain in the country. Immigration court proceedings have typically been terminated when the government could not adequately demonstrate that a noncitizen was removable as charged, or to allow them to apply for immigration benefits from U.S. For example, you may be at risk of deportation if youve been convicted of a crime. A denial of prosecutorial discretion could result in removal proceedings against you. At Dominguez Law Firm, PLLC we pride ourselves in providing honest and clear immigration advice and are happy to help if you find yourself in a situation similar to this or need help with any other immigration matter. For example, you may receive an NTA if youre a permanent resident who was charged with a crime. It wont hang over your head indefinitely. This is called granting their motion in absentia. I filed my I-130 and I-485 the same year. Report an Immigration Violation. Generally, the judge will either grant relief from removal, meaning that you can stay in the country, or issue an order of removal/deportation. Second, it will list facts explaining why the Department of Homeland Security (DHS) wants to deport you. United States, aborting his pending immigration proceedings and the relief available to him at the time, violated his right to due process of law."). Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022).This decision overruled a prior decision by then Attorney General Jeff Sessions that held that immigration judges "have no inherent authority to terminate or dismiss removal proceedings." If you are a CLINIC affiliate, be sure to regularly use your benefits. However, unlike in criminal court, the government doesnt give people facing immigration removal proceedings a free lawyer. At a master calendar hearing, the respondent must admit or deny the charges brought against them. The respondent also has an opportunity to identify any defenses to removal they may have and file applications for any relief for which they may be eligible. In that case, the AG concluded that the IJ and BIA had applied the appropriate regulatory standard for dismissal under 8 CFR 239.2(a), 1239.2(c), which allows DHS to move for dismissal in certain specified circumstances including where DHS determines that the NTA was improvidently issued or that it is not in the governments best interest to continue with the removal proceedings. This is a very important decision, because it dovetails with the overruling of a particularly limiting case, Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) [which prevented immigration judges from terminating immigration proceedings]. Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. Do not skip this hearing. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. It only takes a moment to sign up. Not only does it state the legal reasons why U.S. immigration authorities believe you should be removed (deported) from the United States, but it also puts you on notice that you will be scheduled for immigration proceedings in court. The clients were unable to move forward due to their pending cases before the Immigration Judge. Ms. S-O-G- conceded removability and indicated that she intended to apply for immigration relief. In Coronado-Acevedo, Attorney General Garland reversed the Boards decision in Matter of S-O-G- and F-D-B-, 27 I&N Dec. 462 (A.G. 2018), which expressly stated that immigration judges did not have the authority to terminate or dismiss removal proceedings. Thus, immigration attorneys often advise foreign nationals to . These clients will now be able to reopen their already pending applications before USCIS and get their green card in all likelihood much faster than if they would have remained before the Immigration Judge. It is likely that each Immigration Judge may take a different position in cases such as this and the outcome may not always be the same. 1240.12(c). The AG issued a recent decision discussing the standard for granting continuances in this situation,Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018), and CLINIC will be issuing a forthcoming practice advisory on this topic. (a) Scope. See, e.g., 8 CFR 1216.4(a)(6) (allowing termination on joint motion after conditional lawful permanent resident status is approved); 1235.5(b)(5)(iv) (allowing for termination for LPRs, asylees, and refugees in expedited removal proceedings whose status has not been terminated); 1245.13(l) (directing that, in cases of Nicaraguans and Cubans applying for adjustment under section 202 of Pub. Terms of Use | Code of Conduct | Privacy Policy | Your California Privacy Rights | Copyright & IP Policy | Advertising & Sponsorship, Additional Resources (Password-Protected). Again, make sure you attend every hearing. If the I-130 is approved, then the Immigration Judge may elect to terminate removal proceedings so your adjustment of status case is within the jurisdiction of USCIS. One had a hearing date scheduled before the Immigration far in the future. at 272. I got my I-130 approved by USCIS in January 2021 after an interview and received the notice a month after saying my I-485 is administratively closed due to the pending Proceedings. Another option that remains available is seeking continuances from the IJ in order to pursue relief with USCIS. Do not ignore this document. The Fourth Circuit held that the plain language of the regulations confers on IJs and the BIA the inherent authority to terminate removal proceedings. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. If the judge terminates your removal case, you dont have to worry about going to immigration court or being deported. The Board of Immigration Appeals has held that the entry of a final removal order does not stop the accrual of time necessary for eligibility for non-lawful permanent resident, or non-LPR, cancellation of removal. How do I cancel my deportation? Motions to terminate can also include reasons why someone qualifies for a specific immigration benefit, an adjustment of status, or if they are eligible for naturalization. Do not ignore this document. Under new Biden administration guidelines, DHS attorneys are encouraged to exercise prosecutorial discretion by focusing on high-priority cases and end the backlog of pending immigration cases. Illegal immigration primarily occurs at the U.S.'s southern border with . The judge can also decide to keep your case going. . If your removal proceedings are terminated, you can breathe a sigh of relief. However, such a claim would not lead to termination of . Paul Wickham Schmidt's Blog: U.S. Immigration Judge Lee O'Connor Exposes Massive DHS Illegality & Fraud in Implementation of So-Called Migrant Protection Protocols ("Let 'em die in Mexico") - October 25, 2019 The NTA should provide the date, time, and place of the initial hearing. Although this paperwork can seem daunting, its important to complete your application or petition. However, this only applies to individuals who entered on or after November 1, 2020, or those who were apprehended at the border while attempting unlawful entry. Unfortunately, on June 10, 2022, the U.S. District Court for the Southern District of Texas issued a final judgment vacating the Mayorkas Memo. It wont hang over your head indefinitely. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. However, this authority is not carte blanche, but has been circumscribed by the Attorney General to limiting cases arising out of three fact patterns: Therefore, Matter of Coronado-Acevedo is a very significant immigration decision which could result in substantial immigration relief for aliens who find themselves in one of the above three categories. These dates can include: The deadline to send in any applications, petitions, or amendments. Second, it will list facts explaining why the Department of Homeland Security (DHS) wants to deport you. 239.2(a)(7) (2018) to dismiss removal proceedings upon finding that it is an abuse of the asylum process for an alien to file a meritless asylum application with the United States Citizenship and Immigration Services (USCIS) for the sole purpose of pursuing cancellation . Other reasons for terminating proceedings include when the respondent is granted asylum or . On Sept. 18, 2018, Attorney General (AG) Jefferson Sessions, in two cases he referred to himself, held that immigration judges (IJs) may dismiss or terminate removal proceedings only where the regulations expressly allow or if the charges of removability against a respondent have not been sustained. If you have questions regarding the Immigration court proceedings, reach out to us at 917-885-2261. Through our work, we hope to ensure more immigrant youth are represented and to provide the resources and expertise needed to support those who endeavor to represent them. Advocates may wish to refer to CLINICresourceson pursuing administrative closure postCastro-Tum. This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. Fourth Circuit held that the plain language of the regulations confers on and... This order de novo claims of due process violations IJ in order to pursue with... 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